Many of us estate planning attorneys are asked by our clients where their documents will be filed after they are prepared and notarized. The sad answer is that there is no place in California that will keep a duplicate original version these documents for them. A version that will remain confidential and will only be released to the person they designated or by court order. 

As estate planning attorneys we got tired of this answer and created a Trust Repository for your clients. 

Attorney's Duty of Care for estate planning document in California is not mandatory. Attorneys should clearly state this in their client agreements to make sure their client's are not depending on them to care for their documents. However, if an attorney agrees to keep a duplicate original for their clients California Probate Code Section 710 applies. 

CA Prob Code Section 710

If a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, shall use ordinary care for preservation of the document on and after July 1, 1994, whether or not consideration is given, and shall hold the document in a safe, vault, safe deposit box, or other secure place where it will be reasonably protected against loss or destruction.

 

REALITY OF WHAT HAPPENS WITH TESTAMENTARY DOCUMENTS

Most people believe that they have to "hide" their documents. People have been known to place their estate planning documents under mattresses, inside books, and even wrapped in plastic in the refrigerator. If no one can find their estate planning documents during their lifetime, they likely won't be able to find it after their death, either. Furthermore, their documents can be destroyed in a fire, flood, or other natural disaster if they keep them at their house or the home of a trusted loved one.

How many times have you received calls asking you if you know how someone can find out if their wife/husband/mother/father/friend/aunt/uncle, etc. had a will or a trust after they pass away? 

This happens to us all the time! 

How you can use our services: 

1. You prepare your client's Estate Planning.

2. You obtain a written questionnaire from us to be filled out by your client and return this document to us.

3. You mail us a second set of originals with your client's filled out form.

4. You prepare an attorney's affidavit of authenticity as to the second set of originals we have received and send with the documents, and we shall scan the documents and create a file for your client on our independent servers.

5. We will keep these documents for your clients until they become necessary.

6. The designated representative will contact us for a set of your original testamentary documents, once we receive the death certificate and a proof of identity we will mail them a copy of the authenticated documents. 

Cost:
The initial cost for enrollment, and creation of your client's independent account on our server is:

  • Trust, Pour Over Will, Advanced Care Directive, Power of Attorney, etc.: $450.00.

  •  Revisions to Trust with affidavit and re-upload: $100.00

  • The maintenance fee is $10.00 a month

***This nominal fee helps us keep track of the client and ensure their active engagement in the maintenance of their documents with the repository.

If your client needs any revisions to their trusts, you may send us the updated documents with the proper Affidavit of Authenticity, and we will update your client's file. 

Once you begin to use our services, we will add you to our referral list if you meet our minimum requirements.